Consumer Law, Warranties Need advice on this contract

[NeedHelpGA]

Hi i need help urgently, we recently were going into a 5 year lease with a landlord for retail/wholesale space. When we signing the contract we told her we needed access to the bay door and we asked that it be included in the lease and she said we don't have to put it in, because we can have access to that door anytime, so we went ahead and signed the lease. Before we even moved in she blocked up the door with her items and we couldn't get in, so we confronted her with it and she said she didn't knwo we wanted access so often , so we realized that it wouldn't work because we do a lot of wholesale and we need access every day. So we told her and she said well she will have to increase the rent or we will have to pay to have a door put in. So before the new month we told her we will not be occupying the space. AND in the lease it doesn't say we can't break the lease.

Now she wants me to pay for a year upfront. Is this right? Oh and also she never signed my copy of the lease

 

[dee_dub]

The lease doesn't need to say you can't break it; it's for a certain term. Not fulfilling the term = breaking the lease.

In your defence, she told you that you would have access to the bay door anytime. Hopefully the lease doesn't say that the lease is the whole agreement. She made an oral representation or warranty that she is bound by, and she has breached that by not giving you the required access. Of course, proving that will be difficult.

On what grounds is she seeking a year up front? If it's not in the lease, don't pay it. And "up front" of what? Sounds like you're not going to be there at all. Tell her she breached the warranty to allow access to the bay door, you're treating it as a breach of the lease. She can make things better by installing the door at her cost, or you're out of there.

 

[dee_dub]

I see this is a duplicate thread. If you have any replies, please quote and post them in the other thread.

 

[NeedHelpGA]

sorry i didn't know where it belonged, if it's contract or landlord tenant, but your response is making me very hopeful, thanks a million.